indian christian succession act
AROKIASWAMY
(Querist) 18 November 2013
This query is : Resolved
DEAR SIR
this case from Tamilnadu .one christian father having property by self acquired one . he died intestate leaving his wife and 3 sons and 3 daughters. how their father property will divide among them ?Give legal advice
ABDUL RAZIQUE
(Expert) 18 November 2013
The Succession Act contemplates only those relationships that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow.
A daughter-in-law has no right of succession to the estate of her intestate father-in-law.
Where the intestate has left a widow, and where there are no lineal descendants, the widow's share is one half of the estate of the intestate, as is provided under section 33(b)
R.K Nanda
(Expert) 19 November 2013
nothing more to add.
Raj Kumar Makkad
(Expert) 19 November 2013
The rules relating to intestate succession among Christians would come into operation only if the deceased had not executed a will or any document of gift or a settlement deed. In the absence of the aforesaid documents the rules regulating succession enumerated under sections 29 to 49 in Part V of the Indian Succession Act, 1925 would come into play. But, if there is a Will executed by the deceased, the general law as contained in sections 57 to 391 would apply.
ABDUL RAZIQUE
(Expert) 19 November 2013
Agree with respected sir,
